Central Information Commission Judgements

Mr.Ajit Singh Meena vs Department Of Atomic Energy on 8 November, 2011

Central Information Commission
Mr.Ajit Singh Meena vs Department Of Atomic Energy on 8 November, 2011
                            CENTRAL INFORMATION COMMISSION
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                                                                 Decision No. CIC/SG/A/2011/002048/15503
                                                                         Appeal No. CIC/SG/A/2011/002048
     Relevant facts emerging from the Appeal:

     Appellant                             :       Mr. Ajit Singh Meena,
                                                   A-253, Tora Nagar, Jhotwara,
                                                   Jaipur - 302012, Rajasthan.

     Respondent                            :       Public Information Officer,
                                                   Atomic Energy Education Society,
                                                   Central School No. 4,
                                                   Anukiran Colony, Rawatbhata,
                                                   Rajasthan

     RTI application filed on              :       06-12-2010
     PIO replied on                        :       Not replied
     First Appeal filed on                 :       31-01-2011
     First Appellate Authority order of    :       07-03-2011
     Second Appeal received on             :       06-06-2011

     Information sought:
     Appellant had filed 5 RTI applications which were received by the PIO in December 2010. All of them
     have a large number of queries, such as the one given below:
1.           Provide certified copies of all documents (order sheet note sheets, circulars, instructions, etc.)
     processed by the Principal / competent authorities (Principal / Vic Principal, Head Mistress, LMC
     Chairman etc.) as well as dealing official clerks of AECS No. 4, RBT with motive to make ground of
     deduction of Rs. 1547-00 from November month 2010 of my salary. Some documents are following
     for example:-
     (a).    Provide details of service rules manuals, circulars etc. referred (by the Local Authorities at
             Rawatbhata) for such deduction.
     (b).    Provide the certified copy of letter / order sent by the authority of AECS No. 4, RBT to the
             Authority of AECS No. 2 RBT for such deduction.
     ( c). Provide Noting, comments etc of each authority of AECS No. 4, RBT (related directly or
             indirectly) involved in the process of deduction of Rs. 1547-00.
     (d).    Provide certified copies of attendance register of teacher (Primary & Secondary wings both) of
             AECS No. 4, RBT from September 2009 to December 2010.
     (e).    Provide details (Name, address, designation, administrative powers, responsibilities) of each
             and every authority as well as concerned dealing clerks (Name, Designation, responsibilities,
             allotted duties etc) involved in the process of making ground of deduction of Rs. 1547-00 from
             my salary (November 2010).
     (f).    Provide certified copies of order issued by the authorities of AEES to the authority of AECS
             No. 4, RBT to impose such Financial penalty of Rs. 1547-00.
     (h).    Provide certified copies of action taken report submitted to AEES by the principal to impose
             financial penalty of Rs. 1547-00 on me.
     (i).    Provide certified copies of order / letter communicated to the Ajit Singh Meena, PRT in regard
             of such deduction.
     (j).    Provide certified copies of documents (having reasonable grounds for deduction of Rs. 1547.00
             from Salary.
     (2).    Provide details of leave asked by me but not granted by the authority with special reference of
             following points nature of leave, period of leave, date of applying it, number and date of non
             sanctioning of leave, date of communication of not granting leave and date of signature of
      employee on that order, reason for asking leave etc. Provide copy of leave application and non
     sanctioning order also. Also mention reason for refusal.
(3). Details of leave imposed by the authority on me.
(4). Provide certified copy of order dated 14-10-2010 (in regard daily lesion plan), order dated 14-
     10-2010 (circulated by the head mistress regarding daily lesion plans), order dated 03-12-2010
     (regarding feeding of students performance in the computer after school hours from 4.30 to
     6.30 w.e.f. 03-12-2010 daily in primary wing), order dated 03-12-2010 (regarding correction
     work in the class rooms).
(5). Please clarify that Ajit Singh Meena, PRT of AECS No. 4, RBT is a private employee of
AEES (Govt. body under DAE) having appointment of Govt. order? Service of Ajit Singh Meena is
     governed by the AEES Service code or not?

The PIO replied.
Not replied.

Grounds for the First Appeal:
No reply was provided to the appellant.

Order of the First Appellate Authority (FAA):
"The appellant had not paid the additional fees so far. In the view of the above, I do not find any
reason to interfere at this stage". The 5 applications were received by the PIO in December 2010 as
recorded by the FAA and the demand for additional fees was sent in February 2011.

Ground of the Second Appeal:
No reply was provided to the appellant and unsatisfactory order was passed by the FAA.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Ajit Singh Meena on video conference from NIC-Jaipur Studio;
Respondent: Absent;

The Appellant has sought extremely voluminous information through his 05 RTI applications.
The Appellant agrees that he will inspect the relevant records at the three schools at Rawatbhata on 27
and 28 December 2011 from 10.30AM onwards at the School.

The PIO is directed to facilitate an inspection of the relevant records by the Appellant on
27 and 28 December 2011 from 10.30AM onwards at the office of the PIO. In case there are any
records or file which the appellant believes should exist, which are not shown to him, he will give this
in writing to the PIO at the time of inspection and the PIO will either give the files/records or give it in
writing that such files/records do not exist.

Decision:

The Appeal is allowed.

The PIO is directed to facilitate an inspection of the relevant records by the
Appellant on 27 and 28 December 2011 from 10.30AM onwards. The PIO will give
attested photocopies of records which the Appellant wants free of cost upto 300 pages.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
08 November 2011
(In any correspondence on this decision, mention the complete decision number. (BK))